PDA

View Full Version : Deposit in a Licence to Occupy Agreement.



CONNYLOP
17-05-2011, 10:42 AM
I moved into an ensuite room in a 2 bedroom flat last month.I paid one months rent in advance and one months deposit, plus and administrative fee and £50 for the deposit protection scheme. The day when I moved in I didn't sign the agreement due was a holiday and the agent just gave me the keys of the property in the agency premises. When I arrived to the property I did notice there was not a key of the room, just the front door keys, when I asked the reason the agent said it was due fire regulations. The flat was advertised as a 2 bedroom + reception room, ( I've got copy of the ad ) and when I visited the flat for the first time in fact it was a recepction/living room. Five days after I moved the agent took the living room's furniture out and brought bed/matress and other room's furniture. I contacted them and they said that if i wasn't happy I should move out but I will lose the deposit. I feel cheated. I got copy of the ads whith their phone numbers, pics,etc . The agreement is a license to occupy for 6 months with a break after the 3rd month.
My questions are :
- if the agreement is a licence to occupy, does the agent have to protect the deposit in one of the schemes?
-if so and the agency failed to do it within the 14 days, but charge me £50 for that, is it a legal breaking contract cause?
- What about the fact they advertised the flat as a 2 bedroom + reception and now is a 3 bedroom flat. Can I use it as a breaking condition?

I am not really happy and I want to move out, but I don't want to lose the £1300 deposit.
Thanks

CONNYLOP
17-05-2011, 10:45 AM
I meant was a bank holiday the day when I moved in and the one months rent in advance + deposit were paid.

jeffrey
17-05-2011, 11:25 AM
- if the agreement is a licence to occupy, does the agent have to protect the deposit in one of the schemes?
If the Letting Agreement is truly a Licence to Occupy, not an AST, deposit protection does not apply.
However, its labelling is irrelevant. It's an AST- no matter what- if:
a. section 1 of the 1988 Act allows it to be; and
b. Schedule 1 to the Act does not exclude it.